HIRA SAH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE sole appellant has been convicted under sections 20(b) (ii) and 23 of the Narcotic Drugs and Psychotropic Substances Act (for short N.D.P.S. Act) and sentenced to undergo rigorous imprisonment for ten years with a fine of Rs. 100000/ - (one lac), in default, to undergo rigorous imprisonment for a further period of two years under section 20(b) (ii) (c) of the N.D.P.S. Act.

(2.) PROSECUTION case, in short, according to Sri Prem Kumar, Inspector, Customs (Preventive) Circle, Bettiah who lodged report before Sessions Judge, West Champaran Bettiah is that a secret information through a casual informer was received on telephone at about 20.00 hours on 14.2.01 regarding concealment of Ganja in the house of Sri Rameshwar Sah resident of village Jabdaul, Chanpatia P.S.The preventive party of Bettiah Customs comprising team of officers namely Sri D.P. Gupta, Supdt. Customs (P) Circle, Bettiah, Prem Kumar, Inspector Customs (P) Circle, Bettiah, Sri L.R. Tudu, Havaldar Customs (P) Circle, Bettiah Sri K. P. Raut, Sepoy, Customs (P) Circle Bettiah and others customs officers raided the house of Sri Rameshwar Sah at about 22.30 hours in presence of independent witnesses but nothing could be recovered. When the party was ready to return back in the meantime the informer again came and informed about the hut of Shri Hira Sah (appellant) in which Ganja was concealed. The raiding party searched the hut of accused Hira Sah at 23 hours in presence of two independent witnesses namely Bhola Sah and Usman Ali which revealed recovery of two gunny bags. The bags were opened and found to contain Ganja in nine packets. The appellant was asked to produce legal documents for its legal possession but he could not produce any document. The recovered Ganja was weighed in presence of two independent witnesses and the said Ganja was 50 Kg. net. It was seized under the provision of section 43 of the N.D.P.S. Act and after recording the statement of the appellant it is stated further that after getting consent of the Punches the seized Ganja and the appellant were brought to the Circle Office Customs (P) Bettiah for further interrogation under the provision of Section 67 of the said Act. Hira Sah accepted his guilt in both voluntary and interrogatory statement. Hira Sah stated that the Ganja in question belonged to one Sri Rameshwar Sah resident of village Jabdaul, who put the said Ganja forcibly 10 to 15 minutes before the search in his house. Rameshwar Sah was summoned under Section 67 of the N.D.P.S. Act by the Superintendent Customs (Prev.) Circle, Bettiah and interrogated by him on 10.4.2001 in which Shri Rameshwar Sah has stated that his house was searched by the Customs Officials Bettiah at 22.30 hours on 14.2.2001 but no recovery had been made. A representative sample from the seized Ganja was drawn for sending it to chemical experts for its purity test after observing the procedure of drawing of sample. On receipt of the prosecution report against accused Hira Sah along with interrogatory statement cognizance was taken against the appellant and the case was transferred to the Sessions Court for disposal where the trial concluded with the result as stated above. The appellant pleaded not guilty.

(3.) P .W. 2, the complainant has supported the case of prosecution. According to him on 15.2.2001 he was posted at Bettiah as Inspector, Custom. On that day of occurrence he received confidential information regarding concealment of Ganja. Having such information he organised a raiding party comprising a team of officers and raided the house of one Rameshwar Sah at about 20 hours in presence of independent witnesses but nothing could be recovered from there. When the raiding party was returning back in the meantime it was informed that in the house of appellant Hira Sah Ganja was concealed. The raiding party searched the house of the appellant in presence of two independent witnesses from where two gunny bags were recovered. The bags were opened and nine packets of Ganja were found. After weighing it was found 50 Kg. The same was seized under the provision of section 43 of the N.D.P.S. Act and the same was brought in the office of the Superintendent of Custom. He has stated that after getting the consent of Panches the seized Ganja was kept in the Malkhana. According to him appellant Hira was again produced before the Superintendent Custom Circle Bettiah for interrogation and his statement was recorded and thereafter he was forwarded in the judicial custody. The other witnesses P.Ws. 1, 3, 5, 6, 7 and 10 all have supported the version of P.W.2 complainant. P.W. 9, Devendra Pd. Gupta, Superintendent, Custom Circle Bettiah has supported the version of the complainant and stated that he recorded interrogatory statement of Hira. According to him he had written the interrogatory statement (Ext. 11) of Hira Sah, Ext. 11. He seized the article and kept in the Malkhana. In his cross examination he has admitted that the seized Ganja was sent to Gajipur (U.P.) Govt. Laboratory for chemical analysis. He has also stated that while the raid was conducted in the house of appellant he was also standing outside the house of Hira Sah.